Case Number: A--0-C NETTLES LAW FIRM Henderson, NV 0 0-. / 0-. (fax) 0 BRIAN D. NETTLES, ESQ. Nevada Bar No. CHRISTIAN M. MORRIS, ESQ. Nevada Bar No. NETTLES LAW FIRM Henderson, Nevada 0 Telephone: (0) - Facsimile: (0) - brian@nettleslawfirm.com christian@nettleslawfirm.com JAMES LEE, ESQ. (Nevada pro hac pending) Texas Bar No. 0 LEE MURPHY LAW FIRM 0 Louisiana St. #00 Houston, Texas 00 Telephone: () -0 Facsimile: ()-- jlee@leemurphylaw.com A. CRAIG EILAND, ESQ. (Nevada pro hac pending) Texas Bar No.000 Colorado St. Suite 00 Austin, TX 0 Telephone: (0)-0 Facsimile: () -0 ceiland@eilandlaw.com Attorneys for Plaintiff Plaintiff, RACHEL SHEPPARD an Individual, vs. Plaintiff, MGM RESORTS INTERNATIONAL, a Delaware Corporation; MANDALAY CORP., DISTRICT COURT CLARK COUNTY, NEVADA CASE NO.: DEPT. NO.: Electronically Filed 0// : AM Steven D. Grierson CLERK OF THE COURT A--0-C Department COMPLAINT --
Henderson, NV 0 0-. / 0-. (fax) 0 a Nevada Corporation; LIVE NATION ENTERTAINMENT, INC., a California Corporation; LIVE NATION GROUP d/b/a ONE NATION GROUP, LLC, a Nevada Domestic Limited-Liability Company; ESTATE OF STEPHEN PADDOCK, a Nevada resident; SLIDE FIRE SOLUTIONS LP, a Foreign Corporation; ROE MANUFACTURERS through 00; ROE RETAILERS through 00; DOE SECURITY OFFICER through 00; DOE EVENT PLANNER through 00; DOE EVENT MANAGER through 00; ROE EVENT COMPANY through 00; DOES through 00; and ROES through 00, inclusive, Defendants. Defendants. COMPLAINT Plaintiff, RACHAEL SHEPPARD, a customer of MGM S hotel, attending an MGM promoted event, on MGM property, was shot times by an MGM VIP guest, who used special MGM conveyed privileges of use of a service elevator, not accessible to the public, to smuggle his arsenal of weapons to the nd floor with the help of MGM employees, where he set up a shooting gallery over - days, including installing his own surveillance cameras, before breaking a window and starting his carnage, COMES NOW Plaintiff RACHAEL SHEPPARD by and through her undersigned Counsel, and for her complaint alleges and avers as follows:. At all relevant times, Plaintiff, RACHAEL SHEPPARD was an adult, competent resident of the State of California.. At all relevant times, Defendant MGM RESORTS INTERNATIONAL ( MGM ), was a corporation duly licensed and incorporated under the laws of Delaware, and believed to be the owner, co-owner, or manager of certain premises commonly referred to as the Mandalay Bay Resort and Casino Las Vegas (hereinafter Mandalay Bay ), at 0 South Las Vegas Blvd, Las Vegas, NV, as well as Las Vegas Village, an open-air concert and --
Henderson, NV 0 0-. / 0-. (fax) 0 event venue across from Mandalay Bay consisting of acres of seating area, and a capacity of 0,000 guests.. At all relevant times, Defendant MANDALAY CORP. was a corporation duly licensed and incorporated under the laws of Nevada, and as a subsidiary of Defendant MGM, is believed to be the owner, manager and operator of the premises commonly referred to as the Mandalay Bay Resort and Casino Las Vegas (hereinafter Mandalay Bay ), at 0 South Las Vegas Blvd, Las Vegas, NV.. At all relevant times, Defendant LIVE NATION ENTERTAINMENT, INC. (LIVE NATION) was a corporation duly licensed and incorporated under the laws of California, and believed to be the concert and event promoter of the Route Music Festival in September and October.. At all relevant times, Defendant LIVE NATION GROUP d/b/a ONENATIONGROUP, LLC (LIVE NATION) was a Domestic Limited-Liability Company duly licensed and incorporated under the laws of Nevada, and believed to be the concert and event promoter of the Route Music Festival in September and October.. At all relevant times, STEPHEN PADDOCK (PADDOCK) was a resident of Clark County, Nevada, and the accused perpetrator of a mass shooting which occurred on October,, and which took place from a location within PADDOCK s hotel room at Mandalay Bay into a crowd of concert-goers at the Las Vegas Village venue. PADDOCK is now deceased, resulting in the need to sue the ESTATE OF STEPHEN PADDOCK which is asyet unformed, but whose formation is pending.. At all relevant times, Defendant SLIDE FIRE SOLUTIONS, LP ( SLIDE FIRE ) is a foreign limited partnership which does business in Nevada, with its principal place of business located in Moran, Texas.. Defendants ROE MANUFACTURERS through 00 are all manufacturers of bump stock similar devices. ROE MANUFACTURERS through 00 include designers, developers, promoters, and marketers of bump stock or similar bump fire devices. --
Henderson, NV 0 0-. / 0-. (fax) 0. Defendants ROE RETAILERS through 00 are all retainers of bump stocks or similar devices. ROE RETAILERS through 00 include sellers, retailers, wholesalers, suppliers, and/or distributors of bump stocks or similar bump fire devices. 0. That the true names and capacities whether individual, corporate, associate or otherwise, of the Defendants herein designated as DOES and/or ROES are unknown to Plaintiff at this time who therefore sue said Defendants by fictitious names. Plaintiff alleges that each named Defendant herein designated as DOES and/or ROES is negligently, willfully, contractually, or otherwise legally responsible for the events and happenings herein referred to and proximately caused damages to Plaintiff as herein alleged. Plaintiff will seek leave of Court to amend this Complaint to insert the true names and capacities of such Defendants when same have been ascertained and will further seek to leave to join said Defendants in these proceedings.. That Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, Defendant SLIDE FIRE and DOES AND ROES were agents, servants, employees, partners, distributors or joint venturers of each other and that in doing the acts herein alleged, were acting within the course and scope of said agency, employment, partnership, or joint venture. Each and every Defendant aforesaid was acting as a principal and was negligent or grossly negligent in the selection, hiring and training of each and every other Defendant or ratified the conduct of every other Defendant as an agent, servant, employee or joint venture.. That the true names and capacities, whether individual, agency, corporate, associate or otherwise, of Defendants ROE MANUFACTURERS through 00; ROE RETAILERS through 00; DOE SECURITY OFFICER through 00; DOE EVENT PLANNER through 00; DOE EVENT MANAGER through 00; ROE EVENT COMPANY through 00; DOES through 00; and ROES through 00, inclusive are unknown to Plaintiff. Plaintiff will ask leave of the Court to amend this Complaint to show the true names and capacities of these Defendants, when they become known to Plaintiff. Plaintiff believes each Defendant named as DOE/ROE was responsible for contributing to Plaintiff s damages as set forth herein. --
Henderson, NV 0 0-. / 0-. (fax) 0. That Plaintiff is informed and believes, and based upon such information and belief, alleges that each of the Defendants herein designated as DOES and/or ROES are in some manner responsible for the occurrences and damages sustained as alleged herein.. Defendants DOES/ROES through 00 consist of the following entities: ) employees or agents of MGM and MANDALAY CORP. whose negligence contributed to circumstances which enabled PADDOCK to commit a mass shooting unencumbered; ) coowners, managers, designers, and concert promoters whose negligence in the design and operation of the concert venue at Las Vegas Village contributed to circumstances which increased the carnage wrought by PADDOCK due to insufficient exits at the venue; and ) manufacturers, designers, developers, promotors, marketers, wholesalers, suppliers, distributors and retailers of bump stock or similar bump fire devices, including but not limited to Defendant SLIDE FIRE s, whose products contributed to PADDOCK s commission of the mass shooting.. That the true names and capacities whether individual, corporate, associate or otherwise, of the Defendants herein designated as DOES/ROES through 00 herein referred to and proximately caused damages to Plaintiff as herein alleged. Plaintiff will seek leave of Court to amend this Complaint to insert the true names and capacities of such Defendants when same have been ascertained and will further seek leave to join said Defendants in these proceedings.. That Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, MGM and MANDALAY BAY (hereinafter referred to collectively as the Hotel Defendants ) were agents, servants, employees, partners or joint venturers of each other and that in doing the acts herein alleged, were acting within the course and scope of said agency, employment, partnership, or joint venture. Each and every Defendant aforesaid was acting as a principal and was negligent or grossly negligent in the selection, hiring and training of each and every other Defendant or ratified the conduct of every other Defendant as an agent, servant, employee or joint venture.. That Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, Defendant SLIDE FIRE and as-yet unidentified DOES/ROES (hereinafter referred to collectively as the Product Defendants ) were agents, servants, employees, partners, --
Henderson, NV 0 0-. / 0-. (fax) 0 distributors or joint venturers of each other, and that in doing the acts herein alleged, were acting within the course and scope of said agency, employment, partnership, or joint venture. Each and every Defendant aforesaid was acting as a principal and was negligent or grossly negligent in the selection, hiring and training of each and every other Defendant or ratified the conduct of every other Defendant as an agent, servant, employee or joint venture.. That Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, the MGM and as-yet unidentified DOES/ROES [hereinafter referred to collectively as the Venue Defendants were agents, servants, employees, partners, or joint venturers of each other and that in doing the acts herein alleged, were acting within the course and scope of said agency, employment, partnership, or joint venture. Each and every Defendant aforesaid was acting as a principal and was negligent or grossly negligent in the selection, hiring and training of each and every other Defendant or ratified the conduct of every other Defendant as an agent, servant, employee or joint venture.. Each and every act which gives rise to this Complaint occurred in Clark County, Nevada. GENERAL ALLEGATIONS. Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. On October,, Plaintiff, Rachael Sheppard was an attendee at the Route Harvest Festival, a three-day music festival featuring numerous artists which took place at the Las Vegas Village.. Upon information and belief, PADDOCK checked into Defendants Mandalay Corp. and MGM s property (Mandalay Bay Resort and Casino) on Monday, September,, six days prior to the October, shooting rampage, and concealed the weapons in his room using a Do Not Disturb sign on his door.. On information and belief, at approximately : pm on October,, PADDOCK opened fire on a Mandalay Bay Resort and Casino security guard, wounding him six times. During this 0 barrage of rapid fire gunshots, Stephen Schuck, a hotel engineer --
Henderson, NV 0 0-. / 0-. (fax) 0 arrived on the nd floor and reported to MGM/MANDALAY BAY personnel that someone was shooting a rifle on the nd floor. What Mandalay Bay and/or MGM did with this information is unknown at this point.. On information and belief, six minutes later, at approximately 0:0pm on October,, PADDOCK began firing down on the crowd of the Route Harvest Festival from his room, floors above the concert venue.. During Jason Aldean s performance, Plaintiff RACHEL SHEPPARD was struck by three bullets from the weapon of PADDOCK, who at the time was firing rounds of ammunition into the crowd of people at the Las Vegas Village from his hotel suite on the nd floor of Mandalay Bay. Plaintiff, RACHAEL SHEPPARD was shot times once in the upper chest, once in the torso and once in the abdomen. The shots blew her to the ground, injuring her back where she lay screaming and jolting in pain. On bullet went completely through her, two bullets remain in her body. During the ensuing chaos, a Good Samaritan picked her up, forced himself into an ambulance and held her in the ambulance applying compress to her wounds.. As a result of the wounds, Plaintiff RACHAEL SHEPPARD almost bled out times and required 0 units of blood and to date has undergone four surgeries while fighting for her life.. Plaintiff RACHAEL SHEPPARD, was a paying customer of MGM s Excalibur Hotel and Casino, bought a ticket and attended an MGM promoted event at Las Vegas Village and was shot by a PADDOCK, a VIP MGM guest.. On information and belief, at 0: pm on October,, police made their way up to the st floor, knowing that the shooter was one floor above. At 0: pm, on October,, PADDOCK stopped firing on the crowd below of the Route Harvest Festival.. During an approximately -minute stretch of rapid-fire shooting, PADDOCK killed people, and injured hundreds of other concert goers at the Las Vegas Village. Upon information and belief, PADDOCK used bump stocks to fire his weapons rapidly, mimicking automatic fire. --
Henderson, NV 0 0-. / 0-. (fax) 0 0. Upon information and belief, SLIDE FIRE designed, manufactured, marketed and/or sold one or more of the bump stocks used by PADDOCK during the mass shooting.. Upon information and belief, ROE MANUFACTURERS designed, manufactured, marketed, distributed and/or sold one or more of the bump stocks used by Paddock during the mass shooting.. Upon information and belief, prior to the commencement of his shooting spree, PADDOCK installed one camera in the peephole of his suite and two more in the hall, with one of the cameras concealed in a Mandalay Bay food service cart left by PADDOCK in the hallway outside his room. PADDOCK used these video cameras to keep an eye on and to attempt to thwart law enforcement.. At all relevant times, Defendants DOES and ROES were the as-yet unidentified employees or agents of either MGM, MANDALAY CORP., ESTATE OF STEPHEN PADDOCK, or SLIDE FIRE SOLUTIONS or some other entity whose acts or omissions are believed to have contributed to the circumstances giving rise to Plaintiff s injuries. Plaintiff shall seek leave to amend this Complaint upon identification of said DOES and ROES, and the establishment of the Estate of Stephen Paddock. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF NEGLIGENCE (Against Defendants MGM, and/or MANDALAY CORP., and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. The foregoing averments are incorporated by reference as though fully set forth herein.. At all relevant times, Defendants MGM, and/or MANDALAY CORP., and/or DOES/ROES had a duty of reasonable care in the protection and safeguarding of persons on the Mandalay Bay and MGM premises. --
Henderson, NV 0 0-. / 0-. (fax) 0. Based upon information and belief, Defendants MGM, and/or MANDALAY CORP., and/or DOES/ROES breached their duty of reasonable care by failing to maintain the Mandalay Bay premises in a reasonably safe condition, including but not limited to: a. failing to properly surveil people coming and going from the hotel; b. failing to monitor the hotel premises with closed-circuit television (CCTV); c. failing to discover some or all of PADDOCK S arsenal on September th ; d. failing to discover some or all of PADDOCK S arsenal on September th ; e. failing to discover some or all of PADDOCK S arsenal on September th ; f. failing to discover some or all of PADDOCK S arsenal on September th ; g. failing to discover some or all of PADDOCK S arsenal on September th ; h. failing to discover some or all of PADDOCK S arsenal on September 0 th ; i. failing to discover some or all of PADDOCK S arsenal on October st, before the shooting; j. assisting PADDOCK transport all or part of his arsenal on September th through the nonpublic service elevator(s); k. assisting PADDOCK transport all or part of his arsenal on September th through the nonpublic service elevator(s); l. assisting PADDOCK transport all or part of his arsenal on September th through the nonpublic service elevator(s); m. assisting PADDOCK transport all or part of his arsenal on September th through the nonpublic service elevator(s); --
Henderson, NV 0 0-. / 0-. (fax) 0 n. assisting PADDOCK transport all or part of his arsenal on September th through the nonpublic service elevator(s); o. assisting PADDOCK transport all or part of his arsenal on September 0 th through the nonpublic service elevator(s); p. assisting PADDOCK transport all or part of his arsenal on October st through the nonpublic service elevator(s); q. failing to timely respond or otherwise act upon PADDOCK s shooting of Mandalay Bay Security Officer Jesus Campos, who had gone to the nd floor to check on an alert coming from another guest room, and who was shot six minutes prior to PADDOCK s commencement of shooting towards the concert venue; r. failing to notice or take precautions against PADDOCK s delivery of guns and/or ammunition to his hotel room; s. failing to notice or take action against PADDOCK s set up of surveillance outside his hotel room; t. failing to adequately prevent or timely discover PADDOCK s breaking/opening of his hotel room windows; u. failing to adequately train and supervise employees on the reporting and discovery of suspicious individuals and/or person and/or activity; v. failing to investigate PADDOCK s room after a Do Not Disturb sign remained on PADDOCK s door for more than hours; w. failing to investigate PADDOCK s room after a Do Not Disturb sign remained on PADDOCK s door for more than hours; x. failing to investigate PADDOCK s room after a Do Not Disturb sign remained on PADDOCK s door for more than hours; y. failing to investigate PADDOCK s room after a Do Not Disturb sign remained on PADDOCK s door for more than hours; z. failing to discovery the stairwell door bolted closed; -0-
Henderson, NV 0 0-. / 0-. (fax) 0 aa. failing to discover and/or investigate the use of power tools by PADDOCK.. Defendants MGM, and/or MANDALAY CORP., and/or DOES/ROES are further liable for the negligence of their employees pursuant to the doctrine of respondeat superior, and the negligence of their agents under the doctrine of Vicarious Liability.. At all relevant times, Defendants MGM, and/or MANDALAY CORP., and/or DOES/ROES new or should have known that it was reasonably foreseeable that a breach of their duties to keep their premises reasonably safe in the aforementioned manner might result in catastrophic injury perpetrated by a gun-toting guest with an extreme intention to harm others, including concert-goers at an adjacent venue like Plaintiff RACHAEL SHEPPARD. 0. As a direct and proximate result of Defendant MGM s, and/or MANDALAY CORP. s, and/or DOES /ROES negligence, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendant MGM s, and/or MANDALAY CORP. s, and/or DOES /ROES negligence in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby. SECOND CLAIM FOR RELIEF NEGLIGENCE (Against Defendants MGM, and/or LIVE NATION, and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. At all relevant times, Defendants MGM, and/or LIVE NATION, and/or DOES/ROES, had a duty of reasonable care in the protection and safeguarding of persons on their Las Vegas Village premises at which the Route Harvest Festival was occurring.. Based upon information and belief, Defendants MGM, and/or LIVE NATION, and/or DOES/ROES, breached their duty of reasonable care in the conducting of the --
Henderson, NV 0 0-. / 0-. (fax) 0 aforementioned music festival on their premises, including but not limited to: ) failing to design, build and mark adequate exits in case of emergency; and ) failing to properly train and supervise employees in an appropriate plan of action in case of an emergency.. Defendants MGM, and/or LIVE NATION, and/or DOES/ROES, are further liable for the negligence of their employees pursuant to the doctrine of respondeat superior, and the negligence of their agents under the doctrine of Vicarious Liability.. At all relevant times, Defendants MGM, and/or LIVE NATION, and/or DOES/ROES, knew or should have known that it was reasonably foreseeable that a breach of their duties to keep their Las Vegas Village concert venue reasonably safe in the aforementioned manner might result in catastrophic injury to concert-goers such as Plaintiff RACHAEL SHEPPARD.. As a direct and proximate result of Defendants MGM s, and/or LIVE NATION s, and/or DOES /ROES, negligence, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendants MGM s, and/or LIVE NATION s, and/or DOES /ROES, negligence in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby. THIRD CLAIM FOR RELIEF BATTERY (Against ESTATE OF STEPHEN PADDOCK). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein. 0. At all relevant times, PADDOCK acted with malice, forethought, and evil intent in firing gunshots upon Plaintiff RACHAEL SHEPPARD, resulting in the infliction of a gunshot wound which pierced her body and caused physical injury to her to which RACHAEL --
Henderson, NV 0 0-. / 0-. (fax) 0 SHEPPARD did not consent, which constitutes a battery for which the Estate of STEPHEN PADDOCK is liable per NRS.00() and ().. As a direct and proximate result of PADDOCK s battery upon her, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to PADDOCK s commission of battery upon her, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby. FOURTH CLAIM FOR RELIEF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against ESTATE OF STEPHEN PADDOCK). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. At all relevant times, PADDOCK acted with malice, forethought, and evil intent in firing gunshots upon Plaintiff RACHAEL SHEPPARD, resulting in the infliction of a gunshot wound which pierced her body and caused physical injury to her to which RACHAEL SHEPPARD did not consent, and which also inflicted severe emotional distress for which the Estate of STEPHEN PADDOCK is liable per NRS.00() and ().. As a direct and proximate result of PADDOCK s tortious acts upon her, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to PADDOCK s commission of Intentional Infliction of Emotional Distress upon her, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby. --
Henderson, NV 0 0-. / 0-. (fax) 0 FIFTH CLAIM FOR RELIEF NEGLIGENCE (Against Defendant SLIDE FIRE and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. Prior to the mass shooting, PADDOCK brought in excess of a dozen rifles, twelve bump stock devices, and thousands of rounds of ammunition to his hotel room. PADDOCK S rifles were equipped with bump stock devices which enabled him to fire bullets rapidly, mimicking automatic fire. Upon information and belief, the bump stock devices PADDOCK used were designed, manufactured, marketed, distributed and/or sold by Defendants SLIDE FIRE and/or DOES/ROES.. Defendants SLIDE FIRE and/or DOES/ROES committed acts of omission and commission, which collectively and generally constituted negligence. Defendants had a duty to exercise ordinary care, meaning that degree of care that would be used by a company of ordinary prudence under the same or similar circumstances. Defendants breached their duty in one or more of the following ways: a. Failing to properly design the bump stock devices; b. Failing to properly manufacture the bump stock devices; c. Failing to properly market the bump stock devices; and d. Negligently advertising and/or promoting the bump stock devices as an inexpensive device that could be used to circumvent federal laws prohibiting fully automatic weapons. 0. As a direct result of SLIDE FIRE S and/or DOES /ROES negligence, people were killed and hundreds were injured, including Plaintiff RACHAEL SHEPPARD. In addition to physical injuries, Plaintiff RACHAEL SHEPPARD continues to suffer emotional trauma and distress.. As a direct and proximate result of Defendants SLIDE FIRE s and/or DOES /ROES aforementioned tortious conduct, Plaintiff RACHAEL SHEPPARD was caused --
Henderson, NV 0 0-. / 0-. (fax) 0 to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendants SLIDE FIRE s and/or DOES /ROES tortious conduct in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby. SIXTH CLAIM FOR RELIEF GROSS NEGLIGENCE (Against Defendant SLIDE FIRE and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. Plaintiff alleges that all acts, conduct and omissions on the part of Defendants SLIDE FIRE and/or DOES/ROES, taken singularly or in combination, constitute gross negligence and were the proximate cause of Plaintiff s injuries and damages. Defendants acts and/or omissions, when viewed objectively from the Defendants standpoint at the time such acts and/or omissions occurred, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Defendants had actual, subjective awareness of the risk, but proceeded with conscious indifference to the rights, safety and welfare of Plaintiff.. Defendants conduct was reckless and/or done with an intentional state of mind. Such gross negligence was a proximate cause of the occurrence and Plaintiff s injuries and damages.. As a direct and proximate result of Defendants SLIDE FIRE s and/or DOES /ROES aforementioned tortious conduct, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00. --
Henderson, NV 0 0-. / 0-. (fax) 0. Due to Defendants SLIDE FIRE s and/or DOES /ROES tortious conduct in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby.. That the aforementioned acts were conducted in a wanton, willful, malicious manner, with conscious disregard for Plaintiff s rights and the rights of those similarly situated. The acts of Defendants SLIDE FIRE and/or DOES /ROES and each of them should be assessed punitive or exemplary damages. SEVENTH CLAIM FOR RELIEF STRICT PRODUCTS LIABILITY-DESIGN DEFECT (Against Defendants SLIDE FIRE and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein. 0. SLIDE FIRE and/or DOES/ROES were in the business of designing, manufacturing, selling and/or otherwise placing bump stocks, such as the bump stock devices used by PADDOCK, into the stream of commerce. Upon information and belief, the bump stock devices used by PADDOCK were manufactured and designed by SLIDE FIRE and/or DOES/ROES.. The bump stock devices were defectively designed because: () there was a foreseeable risk that the bump stock devices would be attached to semi-automatic weapons and allow individuals to fire weapons rapidly, similar to automatic fire; () the risk could have been reduced or avoided by the adoptive of a safer design; () Defendants did not adopt a safer alternative design; and () Defendants failure to adopt the safer alternative design and negligence in designing, manufacturing, marketing, distributing and/or selling the bump stocks rendered the bump stock devices unreasonably dangerous and unsafe for their intended use and/or reasonably foreseeable use. At the time of the manufacture, the safer alternative design was available and the harm to the Plaintiff was easily foreseeable.. The defective design of the bump stock devices directly and proximately caused Plaintiff s injuries and damages. --
Henderson, NV 0 0-. / 0-. (fax) 0. As a direct and proximate result of Defendants SLIDE FIRE s and/or DOES /ROES aforementioned tortious conduct, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendants SLIDE FIRE s and/or DOES /ROES tortious conduct in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby.. That the aforementioned acts were conducted in a wanton, willful, malicious manner, with conscious disregard for Plaintiff s rights and the rights of those similarly situated. The acts of Defendants SLIDE FIRE and/or DOES/ROES and each of them should be assessed punitive or exemplary damages. EIGHTH CLAIM FOR RELIEF STRICT-PRODUCTS LIABILITY-MANUFACTURING DEFECT (Against Defendants SLIDE FIRE and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. At all pertinent times, Defendants SLIDE FIRE and/or DOES/ROES were engaged in the business of designing, manufacturing, marketing, selling, and/or otherwise placing bump stock devices such as the bump stock devices used by PADDOCK into the stream of commerce.. When the bump stock devices left control of SLIDE FIRE and/or DOES/ROES, defects in the manufacture of the bump stock devices rendered them defective and unreasonably dangerous in that the components would allow individuals to engage in rapid fire, similar to fully automatic weapons. In particular, the bump stock devices was defectively manufactured and/or assembled by SLIDE FIRE and/or DOES/ROES.. PADDOCK used the bump stock devices for their intended and foreseeable purpose. --
Henderson, NV 0 0-. / 0-. (fax) 0 0. The defective manufacture of the bump stock devices directly and proximately caused Plaintiff s injuries and damages.. As a direct and proximate result of Defendants SLIDE FIRE s and/or DOES /ROES aforementioned tortious conduct, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendants SLIDE FIRE s and/or DOES /ROES tortious conduct in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby.. That the aforementioned acts were conducted in a wanton, willful, malicious manner, with conscious disregard for Plaintiff s rights and the rights of those similarly situated. The acts of Defendants SLIDE FIRE and/or DOES/ROES and each of them should be assessed punitive or exemplary damages. NINTH CLAIM FOR RELIEF STRICT LIABILITY: MANUFACTURING DEFECT/FAILURE TO WARN (Against Defendants SLIDE FIRE and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. SLIDE FIRE and/or DOES/ROES failed to give adequate and proper warnings and instructions regarding the dangers of the bump stock devices, which rendered the bump stock devices defective and unreasonably dangerous, and such failure was a producing cause of the death of Plaintiff s injuries and damages. SLIDE FIRE and/or DOES/ROES failed to provide adequate instructions regarding the operation of the bump stock devices, specifically, failing to warn individuals and the general public of the dangers associated with the bump stock devices, which is made the basis of this suit and is the producing cause of Plaintiff s injuries and damages. --
Henderson, NV 0 0-. / 0-. (fax) 0. As a direct and proximate result of Defendants SLIDE FIRE s and/or DOES /ROES aforementioned tortious conduct, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendants SLIDE FIRE s and/or DOES /ROES tortious conduct in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby.. That the aforementioned acts were conducted in a wanton, willful, malicious manner, with conscious disregard for Plaintiff s rights and the rights of those similarly situated. The acts of Defendants SLIDE FIRE and/or DOES/ROES and each of them should be assessed punitive or exemplary damages. TENTH CLAIM FOR RELIEF GROSS NEGLIGENCE: PUNITIVE DAMAGES (Against Defendants MGM, MANDALAY BAY CORP, LIVE NATION and/or DOES/ROES). Plaintiff incorporates by this reference all of the allegations of paragraphs through hereinabove, as though completely set forth herein.. 0. Plaintiff alleges that all acts, conduct and omissions on the part of Defendants MGM, MANDALAY BAY CORP, LIVE NATION AND/OR DOES AND ROES taken singularly or in combination, constitute gross negligence and were the proximate cause of Plaintiff s injuries and damages. Defendants acts and/or omissions, when viewed objectively from the Defendants standpoint at the time such acts and/or omissions occurred, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Defendants had actual, subjective awareness of the risk, but proceeded with conscious indifference to the rights, safety and welfare of Plaintiff.. Defendants conduct was reckless and/or done with an intentional state of mind. Such gross negligence was a proximate cause of the occurrence and Plaintiff s injuries and damages. --
Henderson, NV 0 0-. / 0-. (fax) 0. As a direct and proximate result of Defendants MGM, MANDALAY BAY CORP, LIVE NATION AND/OR DOES AND ROES aforementioned tortious conduct, Plaintiff RACHAEL SHEPPARD was caused to incur injury to her body and mind, past and future medical expenses, past and future pain and suffering, past and future severe emotional distress, and anticipated future loss of income, all to her damage in an amount in excess of $,000.00.. Due to Defendant MGM, MANDALAY BAY CORP, LIVE NATION AND/OR DOES AND ROES tortious conduct in the foregoing respects, Plaintiff RACHAEL SHEPPARD has been required to retain the services of legal counsel and to incur attorney s fees and costs thereby.. That the aforementioned acts were conducted in a wanton, willful, malicious manner, with conscious disregard for Plaintiff s rights and the rights of those similarly situated. The acts of Defendants MGM, MANDALAY BAY CORP, LIVE NATION AND/OR DOES AND ROES and each of them should be assessed punitive or exemplary damages. PRAYER FOR RELIEF WHEREFORE, Plaintiff RACHAEL SHEPPARD prays for relief in the form of a Judgment in her favor, and against Defendants, and each of them, for damages as follows: ) For general and special damages in an amount in excess of $,000.00; ) For costs of suit, reasonable attorney s fees, and interest; ) For punitive and exemplary damages against Defendants SLIDE FIRE and/or DOES/ROES, in an amount to be determined at trial. ) For punitive and exemplary damages against Defendants MGM, MANDALAY BAY CORP, LIVE NATION and/or DOES/ROES in an amount to be determined at trial. --
Henderson, NV 0 0-. / 0-. (fax) 0 ) For such other and further relief as the Court may deem just and equitable under the circumstances. DATED this th day of October,. NETTLES LAW FIRM BY: /s/ Brian Nettles BRIAN D. NETTLES, ESQ. Nevada Bar No. CHRISTIAN M. MORRIS, ESQ. Nevada Bar No. Henderson NV 0 Telephone: (0) - Facsimile: (0) - JAMES LEE, ESQ. (pro hac pending) Texas Bar No. 0 LEE MURPHY LAW FIRM 0 Louisiana St. #00 Houston, Texas 00 Telephone: () -0 Facsimile: ()-- jlee@leemurphylaw.com A. CRAIG EILAND, ESQ. (pro hac pending) Texas Bar No.000 Colorado St. Suite 00 Austin, TX 0 Telephone: (0)-0 Facsimile: () -0 ceiland@eilandlaw.com Attorneys for Plaintiff --